San Diego Child Custody Laws

When parents divorce issues of child custody must be decided. In California, the state uses terms involving legal custody, physical custody and visitation. When parents are unable to agree on who will have custody of the child, the court may intervene and make a decision based on the best interests of the child. Determining what the best interests of the child are can vary depending on child custody laws of the state.

Under California child custody laws, either one parent can have custody, or both parents can share custody, and the judge usually approves an arrangement that both parents agree upon. When parents are able to settle sensitive issues like child custody, this should be done with an attorney’s advice. The judge will make a final decision at a court hearing on custody and visitation, oftentimes not until after they have met with a mediator.

Courts will consider various factors, but the decisions are always supposed to be based on the child’s best interests. This will usually bring into heavy consideration which parent has been the child’s primary caretaker. A primary caretaker is the parent that has been in charge of the direct caretaking responsibilities.

In most circumstances, physical custody will be awarded to the parent the child will live with the most, and oftentimes both parents will share legal custody. Legal custody gives parents the right to make decisions regarding the child’s education, religion, health care and other important matters.

Parents can decide on joint custody arrangements, which means a child will spend nearly equal amounts of time with both parents. This decision requires that the parents be highly cooperative to make it work. Because of this, courts are often reluctant to decide upon joint custody unless the parents have been able to demonstrate their ability to make joint decisions for the child.

In California, child custody laws have been established, setting unprecedented new legal protections for gay partners in custody battles. In three separate rulings in August 2005, the California Supreme Court concluded that lesbians who agree to raise children borne by their partners are considered legal parents after their relationship ends with the biological mother.

The rulings strengthened the custody rights of non-biological parents in same sex unions while clarifying uncertain legal proceedings for gay couples in California who decide to have children. California’s child custody laws and child support laws that hold absent parents accountable also apply to estranged gay and lesbian couple who used reproductive science to conceive, according to the high court ruling. The court followed its 2002 decision declaring that men who establish themselves as parental figures may become legal fathers, even if they did not help conceive the child.

Child custody laws were created to maintain regularity for children in the healthiest way possible. While children are still affected by a divorce, it is no longer something that they have to feel ashamed about where in the past issues like divorce and multiple marriages were considered taboo.

Still, divorce can be difficult when children are involved because there can be continued emotional and economic ties in regard to child custody and visitation, as well as child support and other long-term goals that can involve the child’s education and other concerns. Seeking legal advice from a reputable and experienced divorce attorney is advised, especially when children are involved because of the intricacies dissolution can involve.

Child Custody Laws | Joint Legal Custody | Sole Custody

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